Torts

Question 1

Battery

Answer 1

D intends to cause contact with P’s person

D’s conduct causes such conduct

The conduct causes bodily harm or is offensive to P

Question 2

Assaualt

Answer 2

D intends P to anticipate, imminent, harmful and offensive contact, and D’s affimrative conduct causes P to anticipate such conduct

Question 3

IIED

Answer 3

D by extreme or outrageous conduct, intentionally/recklessly causes P severe emotional stress

Question 4

False Imprisonment

Answer 4

D intends to confine another within a limited area, D’s conduct causes P’s confinement or D fails to release P from confinement despite a duty to do so and P is conscious of the confinement

Question 5

Defenses to Intention Torts Involving Personal Injury

Answer 5

Actual- P willing for conduct to occur

Apparent- D reasonably believes that P actually consents

Implied- D is justified based on prevailing social norms or D has nor reason to believe P would not consent

Emergency

Question 6

Self Defense

Answer 6

D must reasonably believe that the force is:

necessary and proportionate to the force is is intentionally inflicting

Question 7

Defense of Third Persons

Answer 7

Reasonable belief that defendant party entitled to use force to defend self

Immediately necessary

Question 8

Defense of Property

Answer 8

P’s intrusion is not privlidged; D reasonably believes that P is intruding and D can prevent it by means used; D asks P to stop such or request would be useless dangerous; means used are proportionate to value of interest protecting; and means used not intended to cause death or serious injury

Question 9

Privilege to Arrest- Felony Arrest

Answer 9

Permitted if crime was actually committed and reasonable to suspect the person committed it

Question 10

Misdemeanor Arrest

Answer 10

only if committed in presence of arresting party and if breach of peace

Question 11

Assisting police in arrest

Answer 11

Ok if private actor reasonably believes police need help and police conduct is privledged

Question 12

Merchant’s Privledge

Answer 12

Sell or goods or services privilege to use force for the purpose of :investigating potential theft; recapturing personal property or facilitating arrest

Question 13

Merchant’s use of force must be

Answer 13

i. on or near premises
ii. reasonable
iii. reasonable duration

Question 14

Trespass to Chattles

Answer 14

Intentional interference with P’s right to possession by disposing of or meddling with P’s chattel

Question 15

Conversion

Answer 15

Intentional act

Interference with P’s right to Possession

So serious that it deprives P the use of chattle

Question 16

Trespass to land

Answer 16

Intent

Physical invasion

Proper P

Question 17

Private Nuisance

Answer 17

Substantial and unreasonable interference with another’s use or enjoyment of his land

Question 18

Public Nuisance

Answer 18

Unreasonable intereference with a right common to the general public

Question 19

Affirmative Duty to Act

Answer 19

Assumption of duty

placing another in peril

by contract

by authority

by relationship

by statute

Question 20

Duty of Care Common Carriers

Answer 20

Highest duty consistent with practical operation of business’

Question 21

Bailor

Answer 21

Gratuitous- duty to warn bailee of known dangerous defects

compensated- duty to warn bailee of defects that are known or sholud have been known had the bailor used reasonable diligence

Question 22

Bailee

Answer 22

Gratuitous- liable only for gross negligence

Compensated- must exercise extraordinary care

mutual- must take rasonable care

Question 23

Sellers of Real Property Duty

Answer 23

Duty to disclose known, concealed, unreasonably dangerous conditions;

liability to third parties continues until buyer has a reasonable opportunity to discover and remedy defect

Question 24

Negligence Per Se

Answer 24

Cirminal or regulatory statute imposes specific duty

D neglects the duty

D liable to anyone in the class for people intended protected by statute

For the harms of the type the statute was to protect against

Question 25

Defenses to Negligence Per Se

Answer 25

Compliance impossible or more dangerous than non compliance

Violation reasonable under the circumstances

Statutory vaugeness

compliance with federal regulation pre-empts

Question 26

Res Ipsa

Answer 26

Establishes inference of negligence sufficient to avoid dismissal

P’s harm would not have ocurred if D used ordinarily occure (no injury would occur but for D’s negligence)

P is not responsble for injury

P’s injury in D’s exclusive control

Question 27

NIED

Answer 27

P was within zone of danger

Threat caused emotional distress

Manifestation of physical symptoms (majority view)

Question 28

NEID- Bystander Recovery

Answer 28

A p outside the zone of danger can recover if

i) closely related to person injured

ii) present at the scene

iii) personally observed or percieved the injury

majority requires physical symptoms

Question 29

Vicarious Liability- Direct liability

Answer 29

negligent hiring, negligent firing, negligent supervision

Question 30

Dram-shop liability

Answer 30

liability that stems from serving/over serving alcohol or serving alcohol to a knowingly intoxicated person

Question 31

Defenses to Negligence

Answer 31

Contributory fault

Comparative fault

Assumption of Risk

Question 32

Strict Liability

Answer 32

Dangerous Activities; Animals and Defective/dangerous products

Question 33

Strict Liability Elements

Answer 33

Absolute duty to make P’s person or property safe

Actual and proximate Causation

Damages

Question 34

Abnormally Dangerous Activities

Answer 34

Not commonly enged in; inherent, foreseeable and highly significant risk of harm

(s/l limited to harm expected from activity)

Question 35

Wild Animals

Answer 35

SL for harm done by wile animals

Sl for injuries caused by fearful reaction

Question 36

Abnormally Dangerous Animals

Answer 36

SL for injuries if knows or has reason to know dangerous propensities abnormal for the animals category or species and harm results.

Question 37

Trespassing Animals

Answer 37

Oner stricly liable for reasonably foreseeable damage of trespassing animals

Question 38

Products Liability- Negligence

Answer 38

Duty- reasonable care owned to any forseeable p

Breach- failure to exercise reasonable care in inspection or sale

Causation- factual and proximate

Damages

Question 39

Strict Products Liability